[00:00:01]
[I. CALL TO ORDER]
WELCOME BACK.I SAW THE MINUTES, UH, AND IT WAS 24 AND I THOUGHT, WOW.
UM, BUT I, UM, JUST WANT TO START OFF, UH, WELCOMING BOTH ALL OF YOU BACK.
WE GOT MR. SMITH AND RAND SWORN IN, UM, A COUPLE MONTHS AGO, MAYBE AGAIN FOR ANOTHER, ANOTHER TERM.
UM, SO WE, UH, WE APPRECIATE ALL YOU GUYS, UM, EVEN THOUGH WE DON'T HAVE TO BRING YOU IN A LOT, WE APPRECIATE THAT, THAT YOU'RE OUT THERE WAITING FOR US AND, AND STUFF.
SO, UH, THE FIRST THING WE NEED TO DO IS CALL THE MEETING TO ORDER.
SO WE'LL CALL THE CODE ENFORCEMENT BOARD MEETING TO ORDER TODAY, AND WE NEED TO ELECT OFFICERS
[II. Election of Officers]
FOR THIS YEAR.SO I NEED A MOTION OF, UM, NOMINATION.
WELL, I COULDN'T THINK OF THAT FOR ANYTHING.
THIS IS FOR CHAIR, RIGHT? FOR CHAIRMAN? YES.
WOULD YOU ACCEPT IF VOTED? I WILL ACCEPT.
DO I NEED A SECOND ON THAT? I WAS ABOUT TO SAY WE NEED A SECOND.
AND SO LET'S THEN VOTE ON MS. MCMULLEN FOR THIS YEAR'S PRESIDENT.
YOU ARE THE PRESIDENT FOR THIS YEAR.
AND THEN LET'S GET, WE NEED A NOMINATION FOR VICE CHAIR.
I WOULD LIKE TO NOMINATE FRED SMITH.
MR. SMITH, WOULD YOU TAKE THAT VICE CHAIR? I WILL.
AND A VOTE FOR MR. SMITH FOR VICE CHAIR.
SO I THINK THE NEXT THING ON YOUR AGENDA IS, UM, MINUTES, BUT I'LL GIVE YOU A LITTLE INTRODUCTION.
I KNOW SOME OF YOU HAVEN'T MET, UM, REBECCA, SHE'S OUR NEWEST OFFICER.
SHE'S GONNA BE PRESENTING THIS CASE TODAY.
SHE COMES TO US FROM BARTOW COUNTY, WHERE SHE'S HAD SOME SIGNIFICANT EXPERIENCE UP THERE WITH, WITH, UH, DEALING WITH THINGS THAT HOPEFULLY WE NEVER HAVE TO DEAL WITH HERE, UH, IN CODE ENFORCEMENT.
SO, UM, REBECCA IS, UH, SHE'S AMAZING.
SHE'S, SHE'S BROUGHT THE, SHE'S BROUGHT THE, THE TEAM DOWN THERE REALLY TOGETHER.
SO HAVE, HAS EVERYBODY MET JOSH? I THINK JOSH, HAVE YOU BEEN HERE BEFORE? OKAY.
YOU NEED TO SWEAR HER IN FIRST OR HOW DOES THAT WORK? ONCE SHE CALLS THE CASE TO ORDER, THEN WE'LL SWEAR BECCA IN.
HELLO, WELCOME TO THE SEPTEMBER 24TH, 2026 MEETING OF THE CITY OF ALPHARETTA'S CODE ENFORCEMENT BOARD.
UM, MY NAME IS JILL MCMULLEN AND I AM THE CHAIRWOMAN OF THE BOARD.
AND I NOW CALL THIS MEETING TO ORDER.
[III. ROLL CALL]
THAT THE FOLLOWING MEMBERS OF THE BOARD ARE PRESENT.IT IS ROBIN MCDONALD, FRED SMITH, AND WAYNE RAND.
THE BOARD OPERATES UNDER THE AUTHORITY GRANTED BY THE STATE OF GEORGIA UNDER TITLE 36, CHAPTER 74 OF THE CODE OF GEORGIA.
AND THROUGH THE CITY OF ALPHARETTA'S CODE ENFORCEMENT ORDINANCE, LET THE RECORDS SHOW THAT A CERTIFIED COPY OF THE CODES AND ORDINANCES OF THE CITY OF ALPHARETTA ARE PART OF THE PROCEEDINGS TODAY.
HAVING CALLED THE MEETING ORDER AND COMPLETED THE ROLL CALL, WE WILL NOW,
[A. Approve Meeting Minutes of 4-25-2024]
UH, BE READY TO APPROVE THE MINUTES OF OUR LAST MEETING.HOPEFULLY EVERY MEMBER HAS HAD A CHANCE TO REVIEW THE MINUTES IN THE PACKET THAT THEY RECEIVED, AND I'LL NEED A MOTION TO APPROVE THE MINUTES.
ARE THERE ANY CORRECTIONS THAT NEED TO BE? I NEED A SECOND.
SO THE MOTION IS CARRIED AND I NEED TO, UH, ASK IF THERE ARE ANY CORRECTIONS OR CHANGES THAT NEED TO BE MADE.
WE WILL, UH, ACTUALLY CALL THE, THE MOTION FOR A VOTE.
CAN EVERYONE JUST, UM, GIVE AN AFFIRMATIVE ANSWER BY RAISING YOUR HAND OR RAISE YOUR, SO THE MOTION IS CARRIED TO APPROVE THE MINUTES.
DO WE NEED TO DO THE SWEARING IN NOW? OR THESE PROCEEDINGS ARE PART OF PUBLIC RECORD AND IF, AND IF YOU'RE GOING TO MAKE TESTIMONY BEFORE THE BOARD, YOU'LL NEED TO COME FORWARD AND BE SWORN AND I'LL ASK THE CITY ATTORNEY TO SWEAR THOSE INDIVIDUALS IN.
IF YOU WOULD RAISE YOUR RIGHT HAND.
DO YOU SWEAR AND AFFIRM THE TESTIMONY YOU'RE
[00:05:01]
ABOUT TO GIVE BEFORE THIS CODE ENFORCEMENT BOARD IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.WE CAN GO AHEAD AND SWEAR YOU IN TOO.
DO YOU SWEAR AND AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE BEFORE THIS CODE ENFORCEMENT BOARD IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? SO I DO.
THANK YOU BOTH WITNESSES ARE SWORN IN.
[A. CE250453 1820 Broadwell Oaks Dr
Property violations]
I'M SORRY, 1820 BROADWELL OAKS DRIVE.
STOLE MY THUNDER THERE A LITTLE BIT.
I WAS GONNA SAY, I'M JUST GONNA INTRODUCE MYSELF.
I'M CODE ENFORCEMENT SUPERVISOR, OFFICER O'DONNELL.
UM, I WAS GONNA SAY THAT WE ARE HERE FOR CODE ENFORCEMENT CASE, UH, 2 5 0 4 5 3 AT 1820 BROADWELL OAKS DRIVE.
UM, THIS IS IN REFERENCE TO A PRETTY EXTENSIVE EXTERIOR PROPERTY AND EXTERIOR STRUCTURE, UH, VIOLATIONS.
UM, AND AS OFFICER ALLMAN TAKES YOU THROUGH THE PRESENTATION, I WOULD ASK YOU GUYS TO TAKE NOTE OF THE TIMEFRAME, UH, THAT WE'VE BEEN DEALING WITH THIS CASE.
IT'S BEEN OVER A YEAR AT THIS POINT SINCE THE FIRST INITIAL COURTESY NOTICE WAS LEFT ON THE PROPERTY.
I'LL JUST TURN IT OVER TO OFFICER ALMAN NOW.
OKAY, I'M JUST GONNA GO THROUGH THIS.
UM, I, I BELIEVE EVERYBODY HAD ACCESS TO THE POWERPOINT, BUT WE'LL WALK THROUGH IT.
UM, SPECIFICALLY WE'VE BEEN DEALING WITH THIS CASE SINCE I KNOW I'M LOUD
UM, DEALING WITH THE CASE SINCE AUGUST 13TH, 2025.
THAT WAS WHEN THE FIRST, THE COMPLAINT CAME IN AND WE LEFT THE FIRST NOTICE TO WHICH WE GOT ABSOLUTELY NO RESPONSE.
UM, THE SECOND COURTESY NOTICE WAS LEFT ON OCTOBER 17TH.
AGAIN, NO RESPONSE AT THAT POINT.
THE HOLIDAYS ROLLED AROUND, KIND OF GAVE A LITTLE BIT OF A GRACE PERIOD.
UM, STARTING BACK UP JANUARY 7TH, THE NOTICE OF VIOLATION WAS SENT.
IT WAS SENT USPS, IT WAS SENT CERTIFIED AND I ALSO ATTACHED IT TO THE DOOR AND RECEIVED NO RESPONSE.
UM, AS OF JANUARY 30TH, THERE WAS A TIME THERE WAS A, UM, A TIME LIMIT GIVEN TO HIM ON THE, ON THE FIRST MAILED NOTICE.
AND THEN AT THAT POINT, WE WENT TO A SECOND FINAL NOTICE ON JANUARY 30TH.
IT WAS SENT CERTIFIED MAIL AND IT WAS SUPPOSED TO THE DOOR STILL NO RESPONSE.
YES, AS OF JANUARY 30TH, UM, THAT LETTER WAS SENT, POSTED ON APRIL 29TH.
AFTER NUMEROUS ATTEMPTS, WE WENT AHEAD AND ISSUED THE SUMMONS TO APPEAR BEFORE THE BOARD THAT, AGAIN, WAS MAILED, THAT WAS SENT CERTIFIED MAIL AND POSTED TO THE DOOR WITH NO RESPONSE.
THERE'S BEEN NO CHANGES IN THE PROPERTY.
UM, IN AUGUST, ONE OF THE GUTTERS WAS PARTIALLY DETACHED IN JANUARY WHEN I MOVED FORWARD TO THE NOTICE OF VIOLATION.
IT'S BECAUSE THE GUTTER'S NOW ON THE GROUND AND HANGING ON ONE EDGE.
IT'S STILL THERE AND WE'RE TALKING NINE MONTHS LATER.
THERE'S ALSO, UM, ADDITIONAL DAMAGE TO THE RIGHT SIDE SOFFIT OF THE HOME, UM, ABOUT A BASKETBALL SIZE, UM, HOLE THAT IT LOOKS LIKE SOMETHING HAS EATEN ITS WAY THROUGH.
UM, THERE'S STILL DETERIORATION IN THE ROOF, THE WINDOW SEALS FRONT AND UPPER OF THE ROOF, AND THERE'S JUST BEEN NO RESPONSE.
UM, I BELIEVE OUR CITY ATTORNEY ALSO POSTED THIS AS WELL, PUBLISHED IT.
UM, PURSUANT TO STATE LAW, WHEN PERSONAL SERVICE CAN'T BE ACCOMPLISHED, IT'S, UM, REQUIRED TO BE ADVERTISED IN THE LEGAL ORGAN.
UM, SO THIS WAS PUBLISHED IN, UM, THE SOUTH FULTON NEIGHBOR, WHICH IS THE, IT'S THE LEGAL ORGAN FOR FULTON COUNTY.
AND WHERE NOTICES FOR THE SHERIFF ARE PUBLISHED, THAT'S WHAT'S REQUIRED UNDER STATE LAW.
AND SO A NOTICE OF VIOLATION WAS RUN, UM, I BELIEVE FOR FOUR WEEKS IN THE SOUTH FULTON NEIGHBOR, JUST OF THE NOTICE OF VIOLATION TO GIVE TIME FOR COMPLIANCE.
AND THEN AFTER THAT IT WAS RUN FOR ANOTHER FOUR WEEKS TO PROVIDE NOTICE OF TODAY'S HEARING DATE.
AND I BELIEVE, UM, BRETT COULD PROBABLY TESTIFY TO THAT SO THAT WE CAN GET IT ON THE RECORD.
BUT I DID WANNA GO AHEAD AND CLARIFY THAT.
AND I'M GONNA NEED TO SWEAR YOU IN, BUT I THINK, I THINK THIS JUST TO BUTTON UP
[00:10:01]
THE RECORD WOULD BE BETTER THAN JUST HAVING THE ATTORNEY TESTIFY TO IT.DO YOU SWEAR AND AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE BEFORE THE CODE ENFORCEMENT BOARD IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
UH, THAT, UM, AND I BELIEVE I DID NOT PUT IT IN YOUR PACKET.
I DIDN'T HAVE IT YET, BUT WE HAVE THE AFFIDAVIT BACK FROM THE, UH, NEWSPAPER THAT IT, THAT IT RAN.
THEY, SO THEY SEND US A LITTLE AFFIDAVIT AND SAY, HERE'S WHEN IT RAN.
IT'S THEIR TESTIMONY BASICALLY.
SO WE DO HAVE THAT TO ADD TO THE CASE.
WE CAN GO THROUGH SOME OF THESE PICTURES.
AND HERE YOU CAN SEE, I'M SORRY TO INTERRUPT.
I JUST, I DON'T WANNA LOSE ANY PART OF THE RECORD IF THERE'S MALFUNCTION NOW IT IS.
WOULD YOU END REPEATING THE PART THAT YOU JUST WENT OVER? NO, THAT'S FINE.
UM, YOU CAN SEE HERE THAT THE GUTTERS ARE ON THE GROUND FORWARD.
IT'S ALSO, UM, THE ROOF IS PARTIALLY COLLAPSING.
YOU CAN SEE IN OTHER PICTURES, YOU CAN SEE THE DENT.
I CAN ONLY IMAGINE WHAT THE WATER INTRUSION IS DOING TO THE INSIDE OF THIS PROPERTY.
AND THERE ARE, I DO HAVE UPDATED, CAN'T DO IT.
I'M GONNA PULL MY NEXT ONE UP.
HE'S GONNA PULL UP THE UPDATED PICTURES.
THE UPDATED PICTURES, UM, FROM YESTERDAY.
AND FROM THE, FROM THE STREET LEVEL, IT DOESN'T NECESSARILY LOOK LIKE THERE'S ANYTHING GOING ON, BUT YOU CAN TELL FROM THE BEGINNING, WE DID NOT HAVE THIS DAMAGE TO THE SOFFIT WHEN WE STARTED THIS CASE.
IF HE WOULD'VE RESPONDED, WE COULD HAVE WORKED TOGETHER TO GET VOLUNTARY COMPLIANCE.
WE WOULDN'T BE AT THIS SITUATION.
UM, THE WINDOWS ARE COMPLETELY DETERIORATED.
IT'S ALLOWING THE BRICK TO START CRUMBLING RIGHT THERE IN THE FRONT OF THE HOUSE.
AND HERE YOU CAN SEE THERE'S CHIMNEY DAMAGE.
YOU CAN SEE WHERE THE, THE ROOF IS STARTING TO BUCKLE AND THE WOOD RIGHT AROUND THE WINDOWS CONTINUES.
AND THE GUTTERS REMAIN ON THE GROUND.
IT'S ALSO THE LETTING THE LANDSCAPE GO.
UM, THE FRONT DOOR HERE, YOU CAN'T GET TO THE FRONT DOOR UNLESS YOU TURN SIDEWAYS.
UM, THE BUSHES HAVE NOT BEEN CUT.
THE YARD'S BEEN MAINTAINED AS FAR AS THE GRASS BIN MOW, BUT NONE OF THE, THE BUSHES OR ANYTHING AROUND THE PROPERTY HAVE BEEN TAKEN CARE OF.
THE RIGHT IN THIS AREA, YOU HAVE TO WALK THROUGH THESE TWO, YOU HAVE TO TURN SIDEWAYS TO GET THROUGH IT.
AND NORMALLY THERE ARE PACKAGES PILED UP FOR DAYS AND DAYS AND DAYS ON THIS FRONT PORCH, AND THEN THEY'LL DISAPPEAR.
AND THEN THERE'S 10 TO 12 BACK ON THE PORCH, AND THEY'LL STAY FOR DAYS, IF NOT WEEKS.
AND THEN THEY'LL JUST DISAPPEAR AGAIN.
SO I, AND I'VE YET TO GET A RESPONSE FROM HIM.
DO YOU HAVE ANY QUESTIONS FOR ME? I I DO.
THERE THERE WAS A STATEMENT MADE ABOUT A HOLE IN THE SIDE, A HOLE IN THE EXTERIOR WALL.
CAN CAN YOU POINT THAT OUT? WHAT ORIGINALLY WAS THOUGHT TO BE A HOLE IN THE ACTUAL STRUCTURE? IT IS THE WINDOW DECAY THERE.
SO IF YOU CAN TAKE A LOOK AT THAT PICTURE.
IT LOOKS LIKE IT'S A HOLE IN THE ACTUAL SIDE OF THE HOUSE.
WHAT IT IS, IS THE DETERIORATION OF THE WINDOW SILLS.
BUT IN THAT AREA IT'S ALSO STARTING TO ERODE THE BRICK ONE AT THE MADAM CHAIRMAN.
AND ALSO, UH, WE CAN LOOK AT THE ONE FOR, THAT'S ACTUALLY GOING INTO THE STRUCTURE HERE AT THE CORNER
[00:15:01]
ON THE SOFFIT.IT'S ABOUT A BASKETBALL SIZE HOLE.
HOW, HOW OFTEN WOULD YOU SAY THAT YOU VISIT THIS PROPERTY? EVERY TWO WEEKS.
AND, AND APPROXIMATELY THAT OFTEN SINCE AUGUST OF LAST YEAR? CORRECT.
THAT'S, THAT'S MY JUST STANDARD PATROL AREA.
AND IT'S EVERY TWO WEEKS GO BY, TAKE A LOOK, SEE IF THERE'S ANY CHANGES.
UM, AT THE BEGINNING OF THE CASE, I ATTEMPTED CONTACT EVERY TIME AFTER WE GOT TO THE POINT IN MAY, I, I STOPPED ATTEMPTING CONTACT.
I IS SOMEONE LIVING THERE? YES.
FROM, FROM WHAT I UNDERSTAND FROM NEIGHBORS THAT YES, THERE IS ACTUALLY SOMEBODY LIVING THERE BELIEVE HE MAY WORK NIGHTS.
UM, BUT HE COMES IN AND STAYS IN THE HOUSE, STAYS FOR HIMSELF.
THAT'S WHY THE, THE CASE STARTED.
UM, I HAD A QUESTION ABOUT, UM, HAVE YOU INVESTIGATED WHETHER THEIR TAXES ARE UP TO DATE? LIKE OBVIOUSLY THEY'RE NOT MAINTAINING THE PROPERTY, THAT MAYBE THEY'RE NOT PAYING THEIR TAXES, WHETHER IT'S THE CITY OR COUNTY TAXES? NO, I HAVE NOT.
I DON'T KNOW IF THIS IS AN APPROPRIATE QUESTION I'M GONNA ASK ANYWAY.
HAS SOMEONE DONE A, A WELLNESS CHECK TO MAKE SURE THE ACTUAL PERSON WHO OWNS THE PROPERTY IS LIVING IN THE PROPERTY? I HAVE NOT.
WE, UM, WE HAVE NOT AS, THAT'S NOT REALLY PART OF OUR AREA OF EXPERTISE.
I DO KNOW THAT, UM, THE HO A'S BEEN IN CONTACT WITH US SOMEWHAT, UM, AND THEY'VE SEEN HIM COME AND GO.
UM, SO, AND UM, ON THE TAXES, I DID CHECK THOSE SIX MONTHS AGO MAYBE, AND THEY'RE PAID UP TO DATE, WHICH IS STRANGE.
YOU CAN ASK IF THE APPLICANT, IF THE PERSON IS HERE.
IS THE APPLICANT HERE TODAY? I DON'T, I DON'T SEE HIM.
AND JUST TO CLARIFY, THAT'S, UH, JOHN NESS AT THE RESIDENT OF 1820 BROADWELL OAKS DRIVE.
I DO NOT SEE HIM IN THE, IN THE ROOM TODAY.
YES, I'D LIKE TO MAKE A MOTION.
UM, I MAKE A MOTION THAT WE, THE BOARD, AS A MATTER OF FACT, THE CONCLUSION OF LAW FOUND THE DEFENDANT GUILTY OF VIOLATIONS.
NUMEROUS, NUMEROUS VIOLATIONS THAT, DO I NEED TO, WHERE IS THE LIST OF VIOLATIONS? I THINK WE COULD SAY OF THE VIOLATION SET FORTH IN THE SUMMONS AND NOTICE OF HE OF HEARING IN THE PACKET.
UM, AND THAT WOULD BE SUFFICIENT BECAUSE IT LISTS OUT ALL OF THE SPECIFIC, UM, ISSUES LIKE THE DECAYING WINDOW, SILLS THE HOLE IN THE EXTERIOR, UM, THE DEBRIS AND THE GUTTERS, AND THEN IT LISTS THE SPECIFIC CODE SECTIONS.
SO I THINK YOU COULD JUST SAY THAT YOU FIND, AS A MATTER OF FACT, THAT HE'S VIOLATED THESE, UM, THAT ARE SET FORTH IN THE SUMMONS AND NOTICE OF HEARING.
UM, I MAKE A MOTION THAT WE, THE BOARD, AS A MATTER OF FACT, IN CONCLUSION OF LAW, FIND THE DEFENDANT GUILTY OF, UH, VIOLATIONS THAT HAVE BEEN CITED IN THIS PARTICULAR CASE BEFORE OUR BOARD IN THE SUMMONS AND NOTICE OF HEARING IN, IN THE SUMMONS AND IN THE SUMMONS OF THIS CASE.
DO WE HAVE A SECOND? I'LL SECOND THAT.
ALL IN FAVOR OF THE MOTION? PLEASE RAISE YOUR HAND.
IS THIS A HEALTH AND SAFETY ISSUE ON THIS HOUSE? IT SEEMS LIKE IT WOULD BE.
SO A VIOLATION OF HEALTH AND SAFETY IS DEFINED IN THE CODE.
UM, A VIOLATION INVOLVING THE HEALTH AND OR SAFETY OF A THIRD PARTY MEANS A VIOLATION THAT CREATES A LEGITIMATE CONCERN FOR THE HEALTH AND SAFETY OF A THIRD PARTY OCCUPANT OF A DWELLING PLACE.
OR THAT CREATES AN IMMEDIATE AND SUBSTANTIAL DANGER TO THE ENVIRONMENT.
UM, AND IT'S IN THAT, THAT'S SOMETHING CODE ENFORCEMENT COULD SPEAK TO, BUT I I WOULD THINK IT WOULD CREATE A RODENT ISSUE WITH THAT MUCH WATER INTRUSION AND THERE
[00:20:01]
BEING HOLES IN THE HOME.IT SEEMS LIKE THAT MIGHT BE A VALID ISSUE FOR THE NEIGHBORS.
WELL, IT'S MY CONCERN TOO, IF, IF HE IS ATTEMPTING OR DOES ATTEMPT WHEN THE WEATHER CHANGES TO USE THAT FIREPLACE, THE CHIMNEY IS, IS A BIG CONCERN, A FIRE CONCERN, WHICH ALSO PUTS THE NEIGHBORS AT RISK.
WHAT, WHAT WOULD YOU RECOMMEND CITY ATTORNEY? WHAT WOULD YOU RECOMMEND FOR HOW TO, HOW TO, UM, SO THE, THE POWER OF THE BOARD IS TO IMPOSE AN ORDER, AN ORDER PROVIDING FOR COMPLIANCE WITHIN A SET PERIOD OF TIME.
AND IF THE COMPLIANCE IS NOT ACHIEVED WITHIN THE PERIOD OF TIME THAT YOU PRESCRIBE, THEN YOU CAN PROVIDE THAT THERE IS AN ADMINISTRATIVE FINE IMPOSED.
UM, WE CAN, UH, PROVIDE NOTICE OBVIOUSLY OF THE ORDER TO THE, UM, TO THE HOMEOWNER.
UM, WE CAN ALSO RECORD IT IN THE PROPERTY RECORDS AS WELL AS IF THE PROPERTY REMAINS IN NON-COMPLIANCE SUCH THAT THE FINE REMAINS OR THE FINE IS IMPOSED AND THEN REMAINS UNPAID, WE CAN ALSO GO FORWARD WITH FILING A LIEN ON THE PROPERTY.
UM, AND SO IF, IF, SINCE Y'ALL HAVE FOUND HIM GUILTY OF A VIOLATION, I THINK IT WOULD BE, UM, IN ORDER FOR Y'ALL TO HAVE ANOTHER MOTION SETTING FORTH A PERIOD OF TIME FOR COMPLIANCE AND FOR AN ORDER TO BE ISSUED ON THAT POINT ALONG WITH WHATEVER FINE AMOUNT, UM, YOU WOULD DEEM APPROPRIATE FOR THIS, THE, UH, THE FINE, UM, IMPOSED PURSUANT TO THE CODE SECTION IS, IS A THOUSAND DOLLARS.
IF WE WERE TO MAKE A MOTION THAT, UH, IT WAS A HEALTH AND SAFETY ISSUE, THEN THAT WOULD CARRY ON BE MORE THAN A THOUSAND DOLLARS.
IT WOULD BE, UM, THAT WOULD NOT, THAT WOULD NEGATE THAT $1,000 LIMIT IF I'M, AM I CORRECT ON THAT? OR IT'S A THOUSAND DOLLARS PER DAY? UM, AN ADMINISTRATIVE FINE PURSUANT TO THIS SECTION FOR A VIOLATION INVOLVING THE HEALTH OR SAFETY OF A THIRD PARTY SHALL NOT EXCEED $1,000 PER DAY.
BUT IT CAN, IT CAN BE MORE THAN A THOUSAND.
IT CAN, IT CAN BE MORE THAN A THOUSAND DOLLARS OVER A PERIOD OF TIME FOR A CONTINUING VIOLATION.
IT, IT SEEMS AS THOUGH WE ALL AGREE THAT IT, IT'S A, A HEALTH AND SAFETY ISSUE AND I DO HAVE THE SAME CONCERN THAT YOU HAVE REGARDING THE CHIMNEY WITH THE WEATHER MOVING TOWARD MAYBE GETTING COLDER.
SO THAT IS SOMETHING THAT WE NEED TO TAKE INTO CONSIDERATION.
UM, WHAT KIND OF TIMEFRAME CAN, MAY I ASK, WHAT, WHAT KIND OF TIMEFRAME WOULD YOU RECOMMEND WE GIVE HIM FOR THIS REMEDY? I WOULD THINK THAT IT WOULD BE, YOU KNOW, YOU'VE BEEN TRYING TO GET IN TOUCH WITH HIM FOR OVER A YEAR.
HE'S HAD A LOT OF NOTICE, SO I WOULDN'T THINK IT WOULD NEED TO BE A TREMENDOUS AMOUNT.
BUT WHAT WOULD YOU, WHAT WOULD YOU RECOMMEND? DO YOU HAVE A FURTHER QUESTION? UH, NO, GO AHEAD.
UM, I'M ABOUT READY TO MAKE A MOTION, BUT, UM, I HAVE, I HAVE THIS ONE THING THAT THERE'S SO MANY THINGS WRONG WITH THIS HOUSE, SO MANY THINGS WRONG WITH IT THAT I, I DON'T KNOW HOW QUICKLY, I MEAN, LET'S SAY THIS GUY ALL OF A SUDDEN SAYS, I'M READY TO DO THIS.
IT MAY TAKE HIM A MONTH TO GET A CONTRACTOR AND TO GET PEOPLE IN PLACE ON THIS.
SO I'M, I'M LEANING TOWARD GIVING HIM SOME, I KNOW WE'VE GIVEN HIM A YEAR, BUT TO LET HIM KNOW THAT WITH, UH, WHAT THIS MOTION WILL BE IS THAT THIS BOARD IS SERIOUS ABOUT WHAT'S GOING ON IN THAT HOUSE AND THAT WE WANT SOME ACTION TO BE TAKEN, BUT GIVE HIM A LEEWAY TO SAY, COME TOGETHER WITH A PLAN WITHIN A MONTH.
AND IF HE MISSES THAT DEADLINE, THEN I'M, I'M READY TO PUT SOME FINES ON IT.
SO I GUESS, I GUESS I'M, THAT WAS NOT MY MOTION
SO YOU WOULD BE THINKING SOMETHING ALONG THE LINES OF A, A PLAN AND, AND GETTING STARTED BUT NOT NECESSARILY COMPLETED IS THAT I I JUST THINK WITH ALL THIS STUFF, IT'S GONNA TAKE THIS, IF HE SPEND STARTS TOMORROW, HE, HE'S GONNA HAVE A HARD TIME FINDING SOME PEOPLE TO, TO START IMMEDIATELY.
[00:25:01]
RECOMMEND IT IN YOUR MOTION.IF, IF YOU MAKE A MOTION ALONG THAT LINE, JUST, JUST BE CLEAR THAT IT'S, THAT IT'S ACTION AND CONTINUED ACTION.
OR HOW, HOW ABOUT A PLAN THAT HE COMES BACK TO THE BOARD, COMES BACK TO YOU ALL WITHIN A MONTH AND SAYS, I'VE CONTACTED THIS GUY.
HE SAYS HE'S GONNA START ON THIS CERTAIN DAY.
BUT IF YOU DON'T HEAR FROM HIM IN THAT 30 DAY TIME PERIOD, THIS FINE IS GOING TO START CRANKING UP.
I I HAVE A LITTLE BIT OF A DIFFERENT TAKE ON IT.
IT JUST, I THINK THE FACT THAT HE'S NOT MADE ANY CONTACT WITH YOU AT ALL DOES NOT SHOW GOOD FAITH.
SO I WOULD LIKE TO SEE WITHIN TWO WEEKS PERHAPS, UM, SOME SORT OF GOOD FAITH CONTACT WITH YOU TO AT LEAST LET HIM KNOW THAT YOU, THAT HE DOESN'T TEND TO WORK ON IT.
UM, I DON'T KNOW HOW YOU GUYS FEEL ABOUT THAT, BUT A YEAR IS A LONG TIME AND I AM CONCERNED ABOUT THE WEATHER.
UM, LIKE YOU SAID WITH THE, WITH THE FIRE HAZARD, I DO BELIEVE WE SHOULD PUT SOME SORT OF MOTION INTO PLACE WHERE HE HAS TO MAKE CONTACT AND, AND ACKNOWLEDGE THAT THERE'S A PROBLEM.
AND WE'LL EITHER KNOW AT THAT POINT WHETHER HE WANTS TO, WHETHER HE PLANS TO DO SOMETHING OR NOT, THAT THOSE ARE MY THOUGHTS.
I DON'T KNOW HOW YOU GUYS FEEL ABOUT THAT.
IF, IF I CAN MAKE A SUGGESTION, UM, IF, IF CONTACT IS GOING TO BE THE THRESHOLD ISSUE AND, AND I'M, I'M FINE WITH THAT.
I DON'T NECESSARILY THINK THAT THAT CODE ENFORCEMENT'S GOING TO HEAR FROM HIM.
AND SO THAT MIGHT ALONE TRIGGER WHATEVER FINE YOU DECIDE TO IMPOSE.
HOWEVER, IF THEY WERE SUCCESSFUL IN REACHING HIM AND HIM ENGAGING WITH HIM IN A MEANINGFUL WAY, IF THE CODE ENFORCEMENT SUPPORT ACTIONS TAKE, GIVE, GET HIS ATTENTION, THEN I WOULD SUGGEST INCLUDING ALSO IN YOUR MOTION A TIME CERTAIN FOR WHEN HE HAS TO ACTUALLY ACHIEVE COMPLIANCE.
UM, BECAUSE OTHERWISE YOU WOULDN'T HAVE ANOTHER TRIGGER POINT FOR THAT COMPLIANCE.
SO IF Y'ALL WANT TO SEE INITIAL STEPS TAKEN, I THINK THAT'S FINE.
BUT PLEASE DO ALSO MAKE SURE THAT YOU INCLUDE A, A COMPLIANCE TIME PERIOD, DROP DEAD DATE JUST IN CASE.
COULD, COULD WE PERHAPS DO THE TWO WEEK TO MAKE CONTACT, AT LEAST ACKNOWLEDGE.
AND AT THAT POINT, AT THE TWO WEEK MARK, COULD WE START TO IMPOSE FINES? UH, I'M GONNA TRY TO, I'M GONNA MAKE A STAB.
UM, MY MESSAGE BEFORE I START THIS, MY MESSAGE TO HIM WOULD BE, YOU REALLY NEED TO TAKE CARE OF THIS 'CAUSE WE'D RATHER YOU SPEND THE MONEY ON TAKING CARE OF YOUR HOUSE THAN PAYING THE CITY A FINE.
AND THIS IS JUST ADDING TO THE BURDEN YOU'VE ALREADY GOT OF A HOUSE THAT'S FALLEN APART.
AND THAT WOULD BE MY APPEAL AND WHATEVER SORT OF COMMUNICATION IT WOULD BE WITH SOMEONE THAT WILL NOT TALK TO YOU.
SO I'M READY TO MAKE A MOTION HERE.
UM, MADAM CHAIRMAN, UH, HAVING FOUND THE DEFENDANT GUILTY OF VIOLATING THE CODES THAT HAVE, ARE IN THIS PARTICULAR SUMMON AND THIS CASE BEFORE US, UH, MAKE THE MOTION THAT THE BOARD TAKE THE FOLLOWING ACTIONS.
IN THIS CASE, WE ISSUE A CEASE AND DESIST ORDER TO THE DEFENDANT IN THIS MATTER.
AND THE, UH, DEFENDANT HAS TWO WEEKS TO CONTACT THE CITY CODE OF PORTSMAN WITH A PLAN, UH, AFTER THAT DATE.
IF THERE'S NO, UH, CONTACT OR NO PLAN, UM, THE FINAL WILL BE $500 A WEEK.
AND, UM, IF WE DO HEAR FROM THE DEFENDANT AND WITHIN THE TWO WEEKS, THEY HAVE FOUR MONTHS TO BRING THE PROPERTY INTO CO, INTO COMPLIANCE, I'LL, I'LL SECOND THAT.
EVERYONE WHO WANTS TO VOTE, UH, YOU CAN ASK FOR DISCUSSION.
SORRY, IS THERE FURTHER DISCUSSION? CAN WE GET A VOTE ON THIS MOTION AS PUT FORTH BY FRED? IF YOU WANT TO VOTE YES, RAISE YOUR HAND.
WHAT DO I NEED TO DO NEXT, FRED? IS THERE ANY OTHER BUSINESS? UM, I I HAVE ONE CONCERN, UM, IF Y'ALL COULD GIVE ME ONE MINUTE.
UM, AND MAYBE JUST, COULD YOU CALL FOR A RECESS REALLY QUICKLY? COULD WE CALL FOR A FIVE MINUTE RECESS? THANK YOU.
THANK YOU'ALL FOR INDULGING ME FOR A MINUTE.
[00:30:01]
WERE DISCUSSING, IT'S A SPECIFIC PROCEDURAL ISSUE WITHIN THE CODE ENFORCEMENT REGULATIONS AND, AND THE STATE LAW.SO IT DOES AUTHORIZE THE FINE FOR UP TO A THOUSAND DOLLARS PER DAY, BUT I THINK IF WE WERE LOOKING AT FUTURE NONCOMPLIANCE, WHICH YOU HAVEN'T ACTUALLY HEARD, WE WOULD HAVE TO ISSUE ANOTHER NOTICE OF VIOLATION.
AND SO WHAT WE THINK THE MORE APPROPRIATE REMEDY IS, WOULD BE TO JUST SET WHATEVER FINE YOU WANT IT TO BE RATHER THAN CONTINUING AND THEN THAT WOULD GIVE CODE ENFORCEMENT THE DISCRETION TO BRING IT BACK OR ACTUALLY TO ISSUE HIM A CITATION OR TAKE HIM TO MUNICIPAL COURT.
WE CAN'T ACTUALLY HEAR IT IN TWO VENUES ON THE SAME VIOLATION, BUT THAT WOULD GIVE CODE ENFORCEMENT A LITTLE BIT MORE LEEWAY TO DEAL WITH THIS AND ENSURE THAT WE'RE COMPLYING WITH THE DUE PROCESS REQUIREMENTS UNDER THE, THE STATUTE FOR THE, THE FINE AMOUNT.
AND SO, AND I REALIZE Y'ALL HAVE ALREADY VOTED ON THE $500 PER DAY, SO I JUST ASK FOR A MOTION TO RECONSIDER THAT MOST PREVIOUS MOTION AND THEN TO SET THE FINE AT A SET AMOUNT FOR WHAT YOU WANT THAT TO BE, UM, UP TO A THOUSAND.
UM, AND IT COULD BE, YOU KNOW, THAT IT'S JUST A THOUSAND AND THAT'S WHAT YOU WANNA DO.
AND THAT WAY, YOU KNOW, DEPENDING ON HOW THIS GOES, I'LL GET WITH CODE ENFORCEMENT AND WE CAN MOVE FORWARD ACCORDINGLY.
AND IF THE HEALTH AND SAFETY ISSUE, AGAIN, LET'S COME BACK.
UM, IF, UH, IF WE MADE IT A HEALTH AND SAFETY ISSUE, I THINK THAT WOULD STILL BE ONGOING AS LONG AS THE PROPERTY'S NOT IN COMPLIANCE.
THE QUESTION IS A MATTER OF DUE PROCESS AND HAVING THE APP, THE INDIVIDUAL HAVE AN OPPORTUNITY TO BE HEARD FOR EVERY INSTANCE THAT THAT HAPPENS.
AND, AND THAT'S WHERE MY CONCERN COMES IN BECAUSE IF, YOU KNOW, SIX MONTHS FROM NOW THIS IS STILL A PROBLEM, WE WOULD KNOW IT'S A PROBLEM, BUT HE HASN'T HAD A HEARING ON THE PROBLEM THAT WOULD EXIST SIX MONTHS FROM NOW.
SO WE WOULD, WE WOULD MAKE A MOTION SAYING X AMOUNT OF MINE MM-HMM
ONLY A THOUSAND FOR RIGHT NOW.
AND THEN WE WOULD BRING IT BACK EITHER TO YOU OR TAKE DIFFERENT REMEDIES DEPENDING ON, ON WHAT CODE ENFORCEMENT THINKS IS APPROPRIATE.
AND THAT WOULD BE THE LIKE 500 A WEEK OR A THOUSAND DOLLARS A WEEK FOR TWO WEEKS.
SO FOR INSTANCE, IF SAY WE WERE TO ISSUE MULTIPLE NOTICES OF VIOLATION, UM, THEN YOU WOULD BE ABLE TO IMPOSE IT FOR EVERY SINGLE INDIVIDUAL NOTICE OF VIOLATION.
LIKE IN COURT, LET'S TAKE IT OUTTA CODE ENFORCEMENT BOARD AND JUST SAY WE'RE ISSUING CITATIONS FOR MUNICIPAL COURT.
IF A CITATION WERE ISSUED EVERY SINGLE DAY AND HE WENT OUT AND ISSUED A CITATION EVERY DAY UP TO A THOUSAND DOLLARS FUND ON CITATION NUMBER ONE UP TO A THOUSAND DOLLARS FOR CITATION NUMBER TWO UP TO A THOUSAND DOLLARS ON CITATION NUMBER THREE AND SO ON.
BUT THERE, THAT WOULD STILL HAVE TO HAVE THE DUE PROCESS OF GOING TO COURT OR TO CODE ENFORCEMENT BOARD.
SO WE'RE, WE'RE DEALING WITH A THOUSAND DOLLARS.
SO WHAT, UM, HOW DO, OBVIOUSLY THE, UH, HOMEOWNER DOESN'T FEEL VERY, UH, MOTIVATED TO RESPOND TO CODE ENFORCEMENT, BUT WHAT IS THE CATALYST TO TRY TO GET IT TO MUNICIPAL COURT SO THEY MIGHT TAKE IT MORE SERIOUSLY OR? SO THE CODE ENFORCEMENT BOARD SECTION OF OUR CODE SPECIFICALLY FINDS THAT THIS IS AN EXTRA, UH, OPTION FOR CODE ENFORCEMENT AND THAT THAT DOESN'T PRECLUDE CODE ENFORCEMENT FROM TAKING A CASE TO MUNICIPAL COURT OR TO ANY OTHER COURT THAT WOULD HAVE JURISDICTION, FOR INSTANCE, SEEKING AN INJUNCTION IN SUPERIOR COURT.
UM, AND SO WHAT THAT WOULD REQUIRE WOULD BE FOR A CITATION TO BE ISSUED SUMMONING INSTEAD OF TO THE CODE ENFORCEMENT BOARD.
SO I THINK BACK TO CODE ENFORCEMENT TERMS, I THINK WHAT WOULD HAPPEN, MOLLY, CORRECT ME IF I'M WRONG, YOU POTENTIALLY WOULD SET A FINE FOR A DATE IF THAT'S TWO WEEKS FROM NOW, TO CONTACT US IF HE HASN'T CONTACTED US, VIOLATIONS ARE STILL THERE.
THEN AFTER THAT WE'LL DO ANOTHER NOTICE OF VIOLATION, ANOTHER SUMMONS, WE COME BACK HERE OR WE GO TO MUNICIPAL COURT.
WHICHEVER WE CAN DO EITHER, EITHER PROCESS, AS MOLLY SAID.
SO THAT'S, SO EACH TIME IT WOULD BE THAT, THAT ONE THING RATHER THAN WHAT WE WERE THE, THE, THE PER DAY THING, I THINK.
AND I THINK IT WORKS EASIER FOR, FOR CODE ENFORCEMENT AS WELL.
UM, SO I, I SHOULD ASK TO MAKE A MOTION TO, UH, OR TO SAY, I'D LIKE TO TAKE MY, TO RECONSIDER TO RECONSIDER THE PRIOR MOTION.
I, I, I WOULD LIKE THE BOARD TO RECONSIDER MY EARLIER MOTION.
[00:35:01]
YOUR HAND.WOULD ANYONE LIKE TO MAKE A NEW MOTION? YOU, I I DON'T HAVE THE CHEAT SHEET.
UH, MADAM CHAIRPERSON, I'D LIKE TO MAKE A MOTION THAT, UH, LET'S SEE.
UH, HAVING FOUND THE DEFENDANT GUILTY OF VIOLATING THE CODE CITED IN THE NOTICE OF VIOLATION IN THE SUMMONS, UH, MAKE A MOTION THE BOARD TAKE THE FOLLOWING ACTIONS.
WE ISSUE A CEASE AND DESIST ORDER TO THE DEFENDANT.
AND IF THE DEFENDANT DOESN'T MAKE MEANINGFUL ENGAGEMENT WITH THE CODE ENFORCEMENT BOARD WITHIN TWO WEEKS, WE IMPOSE A FINE OF $1,000 A SECOND.
WELL, MAY I MAKE A, JUST TO MAKE IT CONSISTENT AND THAT IF YOU DO HEAR FROM THE DEFENDANT THAT THEY HAVE FOUR MONTHS TO BRING THE PROPERTY INTO FULL COMPLIANCE, JUST THAT FINAL TRIGGER JUST IN CASE.
AND, AND I'LL AMEND THEN IF, IF THEY DON'T, IF AFTER THEY MAKE, UH, MEANINGFUL ENGAGEMENT WITH THE CODE ENFORCEMENT BOARD, BUT DO NOT, UH, CORRECT THE VIOLATIONS WITHIN FOUR MONTHS.
I'M SORRY, I I DON'T UNDERSTAND THAT THERE'S AN ADDITIONAL FINE OF THE THOUSAND DOLLARS, BUT IT WOULDN'T BE AN ADDITIONAL, IT WOULD BE IN THE ALTERNATIVE.
SO, I'M SORRY, I KNOW THIS IS CONFUSING.
SO WE'VE GOT, WE'VE GOT TWO STEPS HERE.
NUMBER ONE, TWO POTENTIAL TRIGGERS WITHIN, WITHIN TWO WEEKS.
AND IF HE MEETS AND DOESN'T COMPLY WITHIN FOUR MONTHS, THEN THE FINE IS IMPOSED.
SO IF I CAN JUST STATE IT FOR CLARIFICATION, IT WOULD BE THAT YOU ISSUE THE CEASE AND DECISION ORDER REQUIRING COMPLIANCE AND THAT IF WITHIN TWO WEEKS HE DOES NOT COME AND MAKE MEANINGFUL CONTACT WITH CODE ENFORCEMENT WITH A PLAN, THEN A FINE OF A THOUSAND DOLLARS IS IMPOSED.
BUT IF HE DOES COME AND MAKE MEANINGFUL CONTACT, THEN HE HAS FOUR MONTHS TO BRING THE PROPERTY INTO FULL COMPLIANCE.
BUT IF HE FAILS TO DO THAT WITHIN FOUR MONTHS, THEN THE THOUSAND DOLLARS IS IMPOSED UPON THAT.
ALL IN FAVOR? RAISE YOUR HAND.
DO WE HAVE ANY NEW BUSINESS? I WOULD LIKE TO SAY THAT THE CITY LOOKS GREAT.
THAT'S, THANK YOU REBECCA AND WAYNE BACK THERE.
THAT'S, THERE ARE TWO TREATS EVERY DAY NEIGHBORHOODS.
AND GRAYSON AND JOSH, I'LL DO BITING.
I THINK THE CITY LOOKS GREAT AND YOU GUYS ARE DOING A GREAT JOB.
I KNOW IT'S, IT'S A, A HARD JOB SOMETIMES, BUT WE REALLY DO APPRECIATE IT.
THE CITY'S BEAUTIFUL AND YOU GUYS DO A LOT TO KEEP UP.
SO THANK YOU FRED
UM, SINCE THERE'S NO NEW BUSINESS, CAN I GET UM, MOTION TO ADJOURN? SO MOVE.
DO WE NEED A SECOND